Commission Regulation (EC) No 596/2002 of 5 April 2002 derogating from Regulation (EC) No 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops, with regard to set-aside
Date: 2002-04-05
Institutions: European Commission
Subjects: Brandenburg, Mecklenburg-Western Pomerania, aid per hectare, animal feedingstuffs, derogation from EU law, land use, set-aside

6.4.2002

EN

Official Journal of the European Communities

L 91/7

COMMISSION REGULATION (EC) No 596/2002

of 5 April 2002

derogating from Regulation (EC) No 2316/1999 laying down detailed rules for the application of
Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain
arable crops, with regard to set-aside

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1251/1999 of 17
May 1999 establishing a support system for producers of
certain arable crops (1), as last amended by Regulation (EC) No
1038/2001 (2), and in particular Article 9 thereof,

Whereas:

(1)

(2)

(3)

Eligibility for area aid under the general scheme referred
to in Article 2(3) of Regulation (EC) No 1251/1999 is
subject to an obligation to set land aside.

Article 19(2) and (3) of Commission Regulation (EC) No
2316/1999 (3), as last amended by Regulation (EC) No
327/2002 (4), stipulates that the set-aside period must
begin no later than 15 January and that no agricultural
production is authorised on the land set aside.

Some regions in Germany were affected by exceptional
floods at the beginning of 2002, which makes it difficult
to graze livestock in the usual places. Temporary alterna-
tives should therefore be found for sheltering and
feeding livestock. The use of land set aside under the
arable crop scheme could relieve the situation. However,
measures should be taken to ensure that such land is not
put to any lucrative use.

(4)

(5)

In view of the situation facing farmers, this Regulation
should enter into force immediately.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

Notwithstanding Article 19(2) and (3) of Regulation (EC) No
2316/1999, Germany may,
in duly justified cases, authorise
producers in the regions referred to in the Annex to this
Regulation to use set-aside land for sheltering and feeding
livestock until 30 April 2002.

Article 2

Germany shall take all the measures necessary to ensure that
the set-aside land is not put to any lucrative use.

Article 3

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

It shall apply with effect from 1 March 2002.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 April 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 1.
(2) OJ L 145, 31.5.2001, p. 16.
(3) OJ L 280, 30.10.1999, p. 43.
(4) OJ L 51, 22.2.2002, p. 14.

L 91/8

EN

Official Journal of the European Communities

6.4.2002

ANNEX

GERMANY

Mecklenburg-Vorpommern

Brandenburg

Landkreise:
— Barnim
— Dahme-Spreewald
— Elbe-Elster
— Havelland
— Märkisch-Oderland
— Oberhavel
— Oder-Spree
— Potsdam-Mittelmark
— Prignitz
— Spree-Neiße
— Uckermark
— Stadt Frankfurt/Oder